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HomeMy WebLinkAboutOrdinances - O-90-554 - 08/08/1990 - HELMS AND WHITE ANNEX AGMT 10 AC ON BARREVILLE RDRECEIVED IN THE MATTER OF THE APPLICATION OF McHENRY STATE BANK, as Trustee under the provisions of a Trust Agreement dated July 16, 1990, and known as Trust No. 12304, MEL G. HELMS and DONALD A. WHITE, sole beneficiaries of said trust, FOR ENTRY INTO AN ANNEXATION AGREEMENT WITH THE CITY OF McHENRY, McHENRY COUNTY, ILLINOIS, and PETITION FOR ANNEXATION. J U L 2 61990 CITY OF MCHENRY ORDINANCE NO. 0-90-554 AN ORDINANCE AUTHORIZING THE EXECUTION OF AN ANNEXATION AGREEMENT WHEREAS, your Petitioners, McHENRY STATE BANK, as Trustee under the provisions of a Trust Agreement dated July 16, 1990, and known as Trust No. 12304, MEL G. HELMS and DONALD A. WHITE, sole beneficiaries of said Trust, have filed a Petition with the City Council of the City of McHenry authorizing the execution of a certain Annexation Agree- ment, a copy of which is attached hereto and incorporated herein; and WHEREAS, it is in the best interests of the City of McHenry, McHenry County, Illinois, that said Annexation Agreement be entered into; and WHEREAS, McHENRY STATE BANK, as Trustee under the provisions of a Trust Agreement dated July 16, 1990, and known as Trust No. 12304, MEL G. HELMS and DONALD A. WHITE, Owners, are ready, willing and able to enter into said Agreement and to perform the obligations as required thereunder; and �o, t)CD 6?_ j 4_qo Doe `vio q-63q,�V7 WHEREAS, the statutory procedures provided in Division 15.1 of Article II of the Illinois Municipal Code, as amended, for the execu- tion of said Annexation Agreement have been fully complied with: NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF McHENRY, McHENRY COUNTY, ILLINOIS, as follows: SECTION I: That the Mayor be and he is hereby authorized and directed to execute, and the City Clerk is directed to attest, the An- nexation Agreement, a copy of which is attached hereto and made a part hereof. SECTION II: That this Ordinance shall be in full force and ef- fect from and after its passage and approval as provided by law. PASSED this 8th day of August 1990. AYES: Bolger, Donahue, Lieder, McClatchey, Patterson, Serritella, Smith, Teta, Buss NAYES: None ABSENT: None ABSTAIN: None APPROVED by me this 8th day of Au ust 199 . Mayo TEST• ' ity Clerk PREPARED BY: STEVEN J. CUDA, of HAMER, SCHUH & CUDA 101 Van Buren Street Woodstock, IL 60098 815-338-1334 0 90R 034247 ANNEXATION AGREEMENT THIS AGREEMENT made and entered into this 8 TH day of 4 U G U ST' , 1990, by and between the CITY OF McHENRY, a munici- pal corporation in the State of Illinois, (hereinafter referred to as "CITY"), by and through its Mayor and Members of the City Council, (hereinafter referred to collectively as "CORPORATE AUTHORITIES"), McHENRY STATE BANK, as Trustee under the provisions of a Trust Agree- ment dated the 16th day of July, 1990 and known as Trust No. 12304, DONALD A. WHITE and MEL HELMS, (hereinafter collectively referred to as "OWNERS", and DONALD A. WHITE and MEL HELMS referred to as "DEVELOPERS"). WITNESSETH: WHEREAS, McHENRY STATE BANK, as Trustee under the provisions of a Trust Agreement dated the 16th day of July, 1990, and known as Trust No. 12304, is the record owner of a certain parcel of real estate, the legal description of which is set forth in Exhibit "A" attached hereto and made a part hereof by reference and which is hereinafter referred to in its entirety as Exhibit "A"; and WHEREAS, DONALD A. WHITE of 6107 Chickaloon Drive, McHenry, Il- linois, and MEL HELMS of One Lincoln Center, Suite 1520, Oakbrook Ter- race, Illinois, are the owners of one hundred percent (1000) of the 90-37-- 1 5b? 90R 034247 beneficial interest of said McHENRY STATE BANK TRUST NO. 12304; and WHEREAS, a portion of the real estate described in Exhibit "A" is contiguous to the corporate limits of the City of McHenry, Illinois; FTitil WHEREAS, a proposed development will be on the real estate described in Exhibit "A" of approximately 9.98 acres, more or less; and WHEREAS, the OWNERS desire to have said real estate described in Exhibit "A" annexed to the City of McHenry upon certain terms and con- ditions herein set forth; and WHEREAS, adequate provision for utility services, roads, drainage and other necessary facilities will be provided by DEVELOPERS in ac- cordance with the City of McHenry Subdivision Control Ordinances ex- cept as herein provided; and WHEREAS, pursuant to the provisions of Section 7-1-1, et. seq. of the Illinois Municipal Code (Chapter 24, Illinois Revised Statutes, 1983), notices of the proposed annexation were sent to the Nunda Township Highway Commissioner, the Nunda Township Supervisor, the Board of Township Trustees of Nunda Township. The City -of McHenry does not furnish fire protection service nor does it operate a municipal library, therefore no notice of the annexation is required to be sent to the Fire Protection Districts of McHenry and Nunda 0. 2 90-37-1563 I 90R 034247 Townships or the Library Districts of said Townships; and WHEREAS, pursuant to the provision of Section 11-15.1-1, et. seq. of the Illinois ,Municipal Code, (Chapter 24, Illinois Revised Statutes, 1983), a proposed Annexation Agreement was submitted to the CORPORATE AUTHORITIES and a public hearing was held thereon before the City Council of the City of McHenry pursuant to notice, as provided by Statutes of the State of Illinois; and WHEREAS, the Plan Commission of the City of McHenry, pursuant to Section VI of the Subdivision Control Ordinance, has considered and recommended approval of the Preliminary Plat of Subdivision of the territory to be annexed, attached hereto and made a part hereof as Ex- hibit "B"; and WHEREAS, the OWNERS and/or DEVELOPERS do not by this Agreement seek any variance from the provisions of any Ordinance of the City relating to subdivision control, zoning, official plan or building code and related restrictions or any other ordinances except as specified herein; and WHEREAS, the CORPORATE AUTHORITIES after due and careful con- sideration have concluded that the annexation of said real estate described in Exhibit "A" to the City, under the terms and conditions hereinafter set forth, would further the growth of the City, enable the City to control the development of the area, and serve the best 3 90-37-i534 94R 034247 interests of the City; and FOR AND IN CONSIDERATION OF THE MUTUAL COVENANTS CONTAINED HEREIN, IT IS AGREED AS FOLLOWS: 1. This Agreeme-it is made pursuant to and in accordance with the provisions of Section 11-15.1-1, et. seq. of the Illinois Municipal Code, (Chapter 24, Illinois Revised Statutes, 1983); that said statutory provisions provide for annexation agreements to be en- tered into between owners of record and municipalities; that all of the requirements of the Illinois Revised Statutes and specifically, Section 11-15.1-1, et seq. of the Illinois Municipal Code in regard to publication and notice have been met prior to the date fixed for the hearing on the proposed Agreement. 2. This Agreement is entered into after a public hearing before the CORPORATE AUTHORITIES of the City of McHenry which hearing was ; held June 4, 1990, and continued from time to time, in accordance with the provisions of the aforesaid Statutes of the State of Illinois. 3. The purpose of this Agreement is to provide for annexation of the real estate described in Exhibit "A" attached hereto and made a part hereof to the City of McHenry, Illinois, upon the •terms and con- ditions described in this Agreement. 4. The OWNERS have filed with the City Clerk of the City of McHenry a proper Petition for Annexation conditioned upon the terms 4 9Q-37-1555 90R 034247 and provisions of an Agreement to annex the real estate described in Exhibit "A" attached hereto and made a part hereof to the City of McHenry. 5. The CORPORATE AUTHORITIES, upon execution of this Agreement will, pursuant to the Petition for Annexation herein filed, enact an Ordinance annexing the real estate described in Exhibit "A" attached hereto and made a part hereof and also any adjacent highways to the far side thereof as required by law. 6. That the real estate described in Exhibit "A" which is the subject of this annexation Agreement is now under the jurisdiction of the County of McHenry and is presently classified, "A-1," Agriculture District, within the meaning of the County of McHenry Zoning Or- dinance. 7. That immediately upon annexation of the heretofore described real estate to the City of McHenry the CORPORATE AUTHORITIES shall adopt an Ordinance or Ordinances so as to provide that the real estate described in Exhibit "A" be classified "RS-2," Single -Family District. 8. That it is understood and agreed by the parties hereto that time is of the essence of this Agreement, and that all,of the parties will make every reasonable effort, including the calling of special meetings, to expedite the subject matter hereof; it is further under- stood and agreed by the parties that the successful consummation of 61 90-37-Isb� 90R 03424? this Agreement requires their continued cooperation. 9. Notwithstanding the City's Subdivision Ordinances, the City agrees that the OWNERS and/or DEVELOPERS shall be under no obligation to construct or dedicate any subdivision roads, or dedicate any sub- division easements to the City until a final plat of subdivision en- compassing the subject area in which the road or dedication is located has been approved by the CORPORATE AUTHORITIES. Upon such approval, roads included in the final plat shall be constructed by the DEVELOPERS, their successors, grantees or assigns at DEVELOPERS' ex- pense, in accordance with the provisions of the City of McHenry Sub- division Control Ordinance. It is understood that by the execution of this Agreement, the City acknowledges that pre -application procedure outlined in Section V and VI A, have been complied with. The OWNERS - DEVELOPERS may submit for approval to the City from time to time as it may deem expedient, pursuant t'o the provisions of the Subdivision Con- trol Ordinance, a final plat of Subdivision of the subject real estate substantially in conformance with Exhibit "B" and the City shall ap- prove such plats, provided such plats are consistent with applicable ordinances, as well as the terms of this Agreement and $xhibit "B." The City hereby approves the Preliminary Plat of Subdivision which is attached hereto and made a part hereof as Exhibit "B." 10. That the DEVELOPERS shall at their sole cost and expense ex- 81 0 90-37-1567 9OR 034247 tend the City of McHenry sanitary sewer system from its present ter- mini to the territory annexed hereby and throughout said subdivision pursuant to the City's requirements. The City does not warrant the sufficiency of the capacity of its sewer service. In the event municipal water service is not available to service said subdivision DEVELOPERS at their sole cost and expense shall con- nect to the private "McHenry Shores" water system at its present ter- mini and shall install a municipal water system for the territory an- nexed hereby and throughout said subdivision in accordance with plans and specifications acceptable to the City. Provided, however, that prior to recording the final plat of subdivision of the subject property the DEVELOPERS shall deposit with the City of McHenry an amount equal to the cost as estimated by the city engineer, of extend- ing the water line servicing the subdivision from its western most point to the eastern terminus of any future municipal water line con- structed across the property adjacent to the western boundary of the territory annexed hereby. Water main recapture charges attributable to the territory annexed hereto, whether pursuant to presently re- corded recapture agreements or pursuant to the estimate of the City Engineer in those cases where the City is presently contractually obligated to enter into recapture agreements in the future, shall be paid by Developers to the City prior to the recording of the Final Plat of Subdivision of the subject property. The amount so deposited shall be used by the City to pay for.said recapture costs and for the 7 90'-37-1508 90R 034247 the cost of extending said water line from said adjacent parcel at such time as a municipal water line is constructed across said ad- jacent property. Whereupon the private "McHenry Shores" water system shall be disconnected from the territory annexed hereby. All City water connection charges and fees shall be paid to the City at the 7A 90-37-1569 90R 034247 plication is made to connect to the water mains even though water from the "McHenry Shores" water system is then being furnished to the territory. 11. The cash contributions required by the Developer Donation Ordinance of the City shall be paid to the City either upon the sale of each lot, or at the time application is made to the City for the issuance of a Residential Building Permit thereon, whichever occurs first, provided however, that if not sooner paid, one-half of said cash contributions shall be due and payable from OWNERS 18 months after the final plat has been approved and the remaining one-half of said cash contributions shall be due and payable from said OWNERS 36 months after approval of said final plat. The cash contributions may be used for land acquisitions, building site improvements and appur- tenances, building additions and/or for any capital or operating ex- pense purposes. 12. That the DEVELOPERS shall pay to the City of McHenry an an- nexation fee in the amount of $15,000.00 calculated as follows: $500.00 per acre of annexed territory, or $5,000.00 and $400.00 per lot multiplied by 25 lots, or $10,000.00; payable prior, to recording the final plat of subdivision for the subject real estate. 13. The CORPORATE AUTHORITIES agree to permit the development of the real estate described in Exhibit "A" subject to the following con- 01 E. 90-37-1570 90R 034247 ditions and restrictions: (a) DEVELOPERS agree to subdivide the above -described property as set forth herein and in compliance with the Subdivision Control Ordinance of the City of McHenry and the preliminary plat attached hereto as Exhibit "B." (b) DEVELOPERS may erect one subdivision sales and identifica- tion sign, not to exceed, on each of two (2) display sur- faces, four (4) feet by eight (8) feet, to be located on the subdivision premises abutting Green Street, until December 31, 1993. (c) DEVELOPERS may maintain a sales and construction office within the subdivision until December 31, 1993. Said office may be located in a construction trailer on a lot within the development or in a model home. 14. DEVELOPERS agree that the premises annexed pursuant to the terms of this Agreement shall be developed only in accordance with the provisions of the City of McHenry Zoning Ordinance relating to "RS-2," Single -Family District classification; and the DEVELOPERS agree to subdivide said territory in accordance with the procedures and provi- sions contained in the Subdivision Control Ordinance of the City of McHenry in effect at the time such subdivision of any of the annexed territory is sought. 15. It is further understood and agreed that the aforesaid covenants, representations and agreements shall be deemed to be covenants running with the land and shall inure to the benefit of and be binding upon the heirs, successors, executors and assigns of the OWNERS and/or DEVELOPERS. 01 0 90-37-1571 90R 034247 16. The parties hereto agree that those portions of the real es- tate described in Exhibit "A" not under development for residential purposes may be used for agricultural purposes (exclud-Lng animal husbandry) and that said use shall survive the termination of this Agreement as provided by Statute and in addition thereto said agricul- tural use shall be recognized as a legal non -conforming use within the meaning of the City of McHenry Zoning Ordinance. 17. It is understood and agreed that upon annexation of the aforesaid real estate, the performance of obligations hereunder shall be the responsibility of the McHENRY STATE BANK, as Trustee under the provisions of a Trust Agreement dated the 16th day of July, 1990, and known as Trust No. 12304, and its sole beneficiaries, DONALD A. WHITE and MEL HELMS, their successors and assigns. 18. If, during the term of this Agreement, any existing, amended, modified or new ordinances, codes, or regulations affecting the zoning, subdivision, development, construction of improvements, buildings or appurtenances, or any other development of any kind or character upon the subject real estate, are amended or modified in any manner to impose less restrictive requirements of the development of, or construction upon properties within the City, then the benefit of such less restrictive requirements shall inure to the benefit of the DEVELOPERS, and anything to the contrary contained herein not- 10 90-37-1572 90R 034247 withstanding, the DEVELOPERS may elect to proceed with respect to the development of, or construction upon, the subject real estate upon the less restrictive amendment or modification applicable generally to all properties within the City. 19. If during the term of this Agreement, any existing, amended, modified, or new ordinances, codes, or regulations affecting the con- struction of improvements, buildings or appurtenances upon the subject real estate, are amended or modified in any manner to impose more restrictive requirements on the construction upon properties within the City, then the burden of such more restrictive requirements shall apply to such portions of the subject real estate for which no ap- plication has been made for a building permit, provided however, that any fees and charges established from time to time by Ordinances of the City of McHenry, other than annexation fees, applicable generally to all similar property within the City, shall be applied at the rate of effect at the time said fees and charges are due and payable. Not- withstanding anything heretofore mentioned to the contrary, no such change or modification of any such Ordinance, code, or regulation shall be applied during the term of this Agreement so as to affect the zoning classification of the subject real estate, and the uses per- mitted thereunder by the Zoning Ordinance of the City of McHenry in effect as of the date of this Agreement, as heretofore provided in 01 11 90-37-0573 90R 034247 Paragraph 7 of this Agreement, and the annexation fees as stipulated in Paragraph 12 of this Agreement. 20. This Agreement is binding upon the parties hereto, and their respective successors and assigns for a full term of twenty (20) years commencing, as of the date hereof, as provided by Statute and to the extent permitted thereby, it is agreed that in the event that the an nexation of the OWNERS' real estate or the terms of this Agreement are challenged in any Court proceeding, the period of time during which such litigation is pending shall not be included in the calculation of said twenty (20) year period. 21. If any provision of this Agreement is declared invalid or illegal, the remainder of the Agreement shall not be effected thereby. 22. The covenants and agreements contained in this Agreement shall be deemed to be covenants running with the land during the term of this Agreement and shall inure to the benefit of and be binding upon the heirs, successors and assigns of the parties, including the City, its CORPORATE AUTHORITIES and their successors in office and be enforceable by order of Court pursuant to its provisions and the ap- plicable Statutes of the State of Illinois. IN WITNESS WHEREOF, the CORPORATE AUTHORITIES and the OWNERS and the DEVELOPERS have hereunto set their hands and seals, and have caused this instrument to be executed by their duly authorized offi- 12 90-37— d 574 90R 034247 cials and the corporate seal attached thereof, all on the day and year first written above. ST• City Clerk (SEAL) APPROVED AS TO FORM: City Attorney STATE OF ILLINOIS ) ) ss COUNTY OF McHENRY ) CITY ENRY By 44:1/ Its Mayor OWNER: McHENRY STATE BANK, as Trustee under the provisions of a Trust Agreement dated the 16th day of July, 1990, and known as Trust No. 12304�� By: ' < , •" T2t,V i e :Q DONALD A. WHITE ice• 1 �-�; -,'. - MEL HELMS I, the undersigned, a Notary Public in and for the County and State aforesaid, DO HEREBY CERTIFY that DONALD A. WHITE and MEL HELMS, personally known to me to be the same persons whose names are sub- scribed to the foregoing instrument, appeared before me this day in person and acknowledged that they signed and delivered under oath said instrument as their free and voluntary act for the uses and purposes therein set fp•- Notary Public My commission expires: STATE OF ILLINOIS ) ) ss COUNTY OF McHENRY ) I, the undersigned, a Notary Public in and for the County and State aforesaid, DO HEREBY CERTIFY that the above named Philip S. King and Gerald Helt , respectively its Vice Pres. & Sr Tr„-qt Of .and Trust Officer , of McHENRY STATE BANK, as 13 90-37-1575 90R 034247 Trustee aforesaid, personally known to me to be the same persons whose names are subscribed to the foregoing instrument as such V.P. & Sr. Trust Off. and Trust Officer , respectively, ap- peared before me this day in person and severally acknowledged that they signed and delivered under oath said instrument as their own free and voluntary act of said Corporation, for the uses and purposes therein set forth and that said Trust Officer then and there acknowledged that as Custodian of the Corporal Seal of said Corpora- tion, caused the Corporate Seal of said Corporation to be affixed to said instrument as said Trust Officer, own free and voluntary act and as the free and voluntary act o the Corporation -for the uses and purposes therein set forth. Notary Public My commission expires: 6-30-92 90-37-1576 90R 034247 LEGAL DESCRIPTION The North Half of the Northeast Quarter of the Northwest Quarter of Section 11, Township 44 North, Range 8 East, ex- cepting the South 330.51 feet thereof. All containing 9.9950 acres, more or less, in McHenry County, Illinois. EXHIBIT A. 90-37-1577 9®R 034247 m O D O STREET ro yn - 2a �•` _ - O Z D Z Q) Z O CD mco m Z u' m .. 0 D N L s m x M N x 0, ^ ,sv`?' n9Qn m D a Z T DTI 2 Cl) On i A 1 A 0 O m O _ O ° W D D Z < _ � O Z cA _ j m I O m D M O m m > T m T O N ° m _ _ z _., m Z r Z m Zn n O Z D v mD m Z O T N m �< o 1�1 () \ m c m v ��m� K cggs ry m ao.o� ;r v'n rom %� C,r O 0' O c 0 %0 y ~ d a ro 9 3 o 3 y (o < N n 0 � Q p w o 0 > > 3 N o C T 'y �,n D m a v, om. '.0. m v iR O ci inn N r0 < 'r ro i 0.1 �..+ D fpcl w O -i D G) ^ m N o ' 0 0& 3OO CD T cA m N � w 3 9 n O 6 N fD fY v, 1 fD r. N U) a lw 90-3/7 —1578 f2,t